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Sen. Wm. Sam McCann
Filed: 4/1/2016
| | 09900SB3130sam001 | | LRB099 19639 SLF 46605 a |
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| 1 | | AMENDMENT TO SENATE BILL 3130
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3130 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Seed Law is amended by adding |
| 5 | | Section 2.1445 and by changing Section 7 as follows:
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| 6 | | (505 ILCS 110/2.1445 new) |
| 7 | | Sec. 2.1445. Seed library. Seed library means a nonprofit, |
| 8 | | governmental, or cooperative organization, association, or |
| 9 | | activity for the purpose of facilitating the donation, |
| 10 | | exchange, preservation, and dissemination of seeds of open |
| 11 | | pollinated, public domain plant varieties by or among its |
| 12 | | members or members of the public when the use, exchange, |
| 13 | | transfer, or possession of seeds acquired by or from the seed |
| 14 | | library is free of charge or consideration.
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| 15 | | (505 ILCS 110/7) (from Ch. 5, par. 407)
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| | 09900SB3130sam001 | - 2 - | LRB099 19639 SLF 46605 a |
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| 1 | | Sec. 7. Exemptions. |
| 2 | | (a) The provisions of Sections 4 through 4.5 and
Sections 5 |
| 3 | | and 5.1 do not
apply:
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| 4 | | (1) To seed or grain not intended for sowing purposes.
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| 5 | | (2) To seed in storage in, or being transported or |
| 6 | | consigned to a
cleaning or conditioning establishment for |
| 7 | | cleaning or
conditioning, provided,
that the invoice or |
| 8 | | labeling accompanying any shipment of said seed bears
the |
| 9 | | statement "seed for conditioning"; and provided that
any |
| 10 | | labeling or
other representation which may be made with |
| 11 | | respect to the uncleaned or
unconditioned seed shall be |
| 12 | | subject to this Act.
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| 13 | | (3) To any carrier in respect to any seed transported |
| 14 | | or delivered for
transportation in the ordinary course of |
| 15 | | its business as a carrier;
provided, that such carrier is |
| 16 | | not engaged in producing, processing, or
marketing |
| 17 | | agricultural, vegetable or other seeds designated by the
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| 18 | | Department of Agriculture subject to the provisions of this |
| 19 | | Act.
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| 20 | | (b) The provisions of Section 4, 4.4, 4.5, 6, and 10, and |
| 21 | | of paragraphs (1), (2), (3), (4), (5), (8), and (11) of Section |
| 22 | | 5, do not apply to unpatented, untreated seed that is free of |
| 23 | | noxious and exotic weed seeds and that is distributed within |
| 24 | | this State by means noncommercial, interpersonal seed sharing |
| 25 | | activities, including, but not limited to, seed libraries and |
| 26 | | seed swaps. |